N.J. Admin. Code § 2:23-1.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:23-1.3 - Local government participation

(a) Spraying will only be done on a voluntary basis with local governments that agree to fully accept the following conditions for participation in their aerial spray program:

1. Request, in writing, an egg mass survey to determine status of the Lymantria dispar dispar infestations in residential and recreational forests.

2. Arrange for financing the total cost of treatments and make contractual agreement with the spray vendor, either provided by the State or obtained by local bidding.

3. Assist in the administration and coordination of the spray programs, providing a town coordinator and all necessary labor to mark spray block boundaries.

4. Adopt a resolution declaring the Lymantria dispar dispar a "Public Nuisance." The public must be notified in advance, pursuant to the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-9, of the date, time, and place that the Lymantria dispar dispar resolution will be discussed. A copy of this notice must be sent to the Department of Agriculture.

5. Notify to the occupants by a properly served notification of the intent of the spray program. Spraying will only be done between the hours of 5:30 A.M. to 2:00 P.M., and 5:00 P.M. to 8:00 P.M. Each school district, within a participating municipality, shall agree upon and designate a normal student commuting time, not to exceed one hour, during which no spraying will be performed. In the event that the proposed spray area(s) encompass more than one school district in the municipality, the municipal governing body shall designate the one-hour spray shut down time, with the approval of the affected school districts. Failure of the affected school districts to approve the designated shut down time shall result in the ineligibility of the municipality to participate in the aerial spray program.

6. A "contact" person(s) shall be selected by the municipality so that residents may call to obtain the latest information on the aerial spray application, especially if spraying is postponed. The telephone number of the "contact" person shall be made known to the town residents.

7. Notify all affected school districts and bordering municipalities by first class mailing at least 21 days prior to the proposed date of treatment outlining the proposed treatment date, material to be used, along with the name and phone number of a local municipal contact person to answer further questions concerning the spray operations.

8. In addition to the resolution, a responsible municipal official shall certify to the Department of Agriculture that these notices have been served. No work will begin until certification is filed with the Department of Agriculture.

9. To give, on behalf of the Department of Agriculture, the notices required by N.J.A.C. 2:23-1.5.

10. Submit to the Department of Agriculture a copy of the spray vendor's invoice and proof of payment within 60 days following the Statewide completion of the Lymantria dispar dispar aerial suppression program.

N.J. Admin. Code § 2:23-1.3

Amended by R.1988 d.323, effective 7/18/1988.
See: 20 New Jersey Register 845(a), 20 New Jersey Register 1688(a).
Deleted "between 7:30 A.M. and 8:30 P.M." and substituted "during normal student ... local school district".
Amended by R.1993 d.305, effective 6/21/1993.
See: 25 New Jersey Register 1627(a), 25 New Jersey Register 2686(a).
Amended by R.1996 d.464, effective 10/7/1996.
See: 28 New Jersey Register 3207(a), 28 New Jersey Register 4417(a).
Amended by R.2003 d.219, effective 5/19/2003.
See: 35 New Jersey Register 495(a), 35 New Jersey Register 2175(a).
In (a), substituted "2:00 P.M." for "12:00 Noon" in the second sentence, deleted the third sentence and rewrote the fourth sentence in 5, added 7 and recodified former 7 through 9 as 8 through 10.

Amended by 54 N.J.R. 1165(a), effective 6/20/2022